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nicklea last won the day on August 13 2012

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  1. I just reported the post about 5 seconds ago and already somebody from the site team replies - wow. Although, realistically, it looks as though me reporting it must have crossed with caro's post
  2. First of all, just a quick little question. Your name and current address is held with the Land Registry as being the owner of that plot? If that is the case then, at the moment, you have nothing to be worried about. If you read the relevant Act then there are strict rules about how notice must be given. It is similar to a lot of landlord and tenant legislation in that notices must be delivered personally or by recorded delivery or actually affixing it to some conspicuous object on your land. This is the relevant section from the Act, it was linked to above:- I would suggest that it is very unlikely that they have attached a copy of the notice to a conspicuous object on your land - but you might want to check this. However, if you contact DEFRA about this you are acknowledging service and so cannot use this as a defence. Personally, I would check myself that no notices had been posted up on my bit of land and then just have no further communication with this Gladwish company. I would suggest that you might also wish to talk to a solicitor that specialises in agricultural or farming law - or in Landlord and Tenant as the requirements over giving notice are very similar. Hope this helps
  3. lainey, I would strongly suggest that you also join mumsnet - if you are not already a member - and start a new thread there as well on this topic:- http://www.mumsnet.com/Talk/legal_matters There are an awful lot of very knowledgeable women there who will be able to give you the best advice. There are many people on mumsnet who have been in the same situation and will be able to give you very practical advice on what you can do.
  4. Not too sure whether to post here or start a separate thread. A friend of mine came to me for some help. If it was anything to do with the County Court then I wouldn't have had any trouble helping him but this is to do with the magistrates court so I'm a bit stumped with this one. This is actually a question about unpaid court costs rather than a fine. Several years ago he was a bit naughty and received a community service sentence and was ordered to pay costs. He did the community sentence but never paid the costs - he claims that he forgot about it. Anyway, he recently got a visit from the bailiffs about this and is wondering what to do. He didn't let them in or anything - he knew enough not to do that. Also, for some background his elderly parents - they're both in their 70s - live with him I don't know if this would make any difference. So, any advice that I can pass on would be gratefully received. Would a distress warrant have been issued for court costs?
  5. This guy really can be quite dangerous if you listen to his advice. A couple of things that he's got wrong:- 1. The above case refers to the Gaming Act 1968 which was repealed by the Gambling Act 2005. Although, the new Act does contain similar provisions to the previous act with regards to granting of credit. 2. However, the big difference with the 2005 Act was Section 10:- (1) For the purposes of section 9(1) “bet” does not include a bet the making or accepting of which is a regulated activity within the meaning of section 22 of the Financial Services and Markets Act 2000 (c. 8). What this means is that since spread-betting it is a type of Contract For Difference then, unlike other forms of betting, it is recognised as an investment under the Financial Services and Markets Act 2000 and so the Gambling Act does not apply. I would strongly suggest that you would be wasting your time if you were to try and rely on this case.
  6. No problem. Although it is a far from perfect system, I would much rather spend the money and get top class representation rather than risk being found guilty of something.
  7. Things are a bit different when it comes to the criminal law. Your friend needs to speak to their legal advisors as they will get a refund but they need to apply for it. http://www.legalservices.gov.uk/criminal/criminal_legal_aid_eligibility.asp
  8. Although these are perhaps not directly relevant to your case they may help:- http://www.consumeractiongroup.co.uk/forum/showthread.php?291412-Cabot-Court-Claim-Received&p=3286545&viewfull=1#post3286545 http://www.consumeractiongroup.co.uk/forum/showthread.php?178915-Defence-required-for-Claim-form-Barclaycard-CL-Finance-Howard-Cohen&p=2128560&viewfull=1#post2128560
  9. Please don't take any notice of any courts that a creditor puts on a SD. At the moment, no court knows anything about this. This is just a piece of paper that they have printed off and filled in your details. It is NOT a case of getting it ''moved'' to your nearest court - it hasn't been anywhere near a court yet In fact, it is YOU that will be commencing court proceedings against them. So, if you choose to get this set aside then you just fill in the details of your local court that handles bankruptcies.
  10. Carlyx, Just very briefly, what the police meant is that the DEBT is a civil matter. Threats to kill are something very different indeed, as evidenced by armed policemen turning up. A conviction of making threats to kill will often end up with a prison sentence - even in the magistrates court - especially if there are aggravating factors. Aggravating factors include:- repeated threats:- did this person threaten to kill you more than once? vulnerable victim:- you say that you were previously sexually groomed by this much older man when you were 18 victim needed medical help or counselling:- you say that you have not worked for 3 years due to a severe anxiety/depression disorder. Is this related to the activities of this person? All of the above factors make the crime ''worse'' and make the person likely to face a tougher sentence if they are convicted. I would reiterate what phaitun said above in post #73 With regards to costs, I don't know if it's been mentioned above, but you can claim your legal and other costs when you set aside a SD. The reason for this is that it is NOT done in the small claims court and so the rules of the small claims court do not apply. There are specific rules that you need to follow to claim costs, but since you have a solicitor involved he will be well versed in this - although maybe just check with him that he will be claiming the costs. Again, don't know if it's been mentioned above, but if you get costs awarded and the person doesn't pay them then it is useful to use a High Court Enforcement Officer to collect the debt - they can do a lot more than court bailiffs to collect money.
  11. If you have failed to get the SD set aside then the creditor can apply at any time for a bankruptcy order. However. I would suggest that it is unlikely unless it is for a large sum and you have a large amount of equity in your home.
  12. If you see the link I gave above, form 6.5 is a witness statement
  13. The above is not correct. They have purchased these three debts and so there is no reason why they cannot claim the full amount that is owed to them. alibibsy, You need to download forms 6.4 and 6.5 from here:- http://www.insolvency.gov.uk/forms/englandwalesforms.htm
  14. You can only claim damages for the full amount if you have received no benefit at all from the goods. You have received three years benefit.
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